Foam 1 NATIONAL RAILROAD ADJUS=NT BOARD Award No.
8032
SECOND DIVISION Docket No,
7785
2..SOO-CM- '79
The Second Division consisted of the regular mEanbers and in
addition Referee James F. Scearce when award was rendered.
( System Federation No,
7,
Railway Employer'
( Departments A. F. of Z, - C, I. 0,
Parties to Dispute:
( (Carmen)
Soo Line Railroad Company
Dispute: Claim of Employes:
1. That under the current agreement the carrier violated Rules
28-
94 97
and
98
when tb.~:,y secured the sex-vices of an outside
Contractor, Berg and Henn with six men and three Cat's D 1-2.-3 from
Wyoming, IvSi.nn, to re.rail carp, al'. derailment at Cli:i.ttazao, Wisconsin.
The Carmen listed be.'l.onr are n,ei-3:)ers of tile Superior, Wis. wrec]L~ers
crew. Due to the fact that the Wrecker and sufficient number of
Carmen were not called for the deraihr_ent, compensate,c'~ pay is
being claimed for wo;:k pexvoimed by other than Camen.
Claimants are claiming, as stated-
Brian Cadotte Rest (lay's Wed., and Thur. available for service
Oct.
15
12 hours time & 1/2
Oct;~16 17 hours time & 1/2total
29
hrs. at time & 1
/2
(rate).
Patric McGrath
Oct. 15 8
how°s time & 1/2
Oct. 16
Order for Work 6:00 am. 2 2/3 hours time & 1/2 for call
1+: 00 pin, to 71:00 p`n
7
hours time & l/?_ total
17 2/3
hrs, at
time & 1/2 (rate).
Rudolph Aspdahl
Oct. 15
8
hours time & 1
/2
Oct, 16
Order for Work 6:00 am, 2
2/3
hrs. time & 1/2 for call
x+:00
',pOn.
to L1:00 pzn.
7
hrs. time & 1/2 total
17 2/3
hrs. at
time & 1/2 (rate).
John Pooler
3:30
to
17_:30 Shift
Stinson Yd.
Oct. 15 12:30
to
3:30
pm.
3
hrs. time & 1/2
L1:30
to
12
midnight 1/2
hr.
time & 1
/2
Oct.
16
6:00 am. to
3:30
Pm. 9/12 hrs. time & 1/2
total
13
hrs, time & 1/2 (rate).
Form l
Page 2
Find ir~;s:
Eino Jurve7.a_n 3: 30 to ll; 30 Shift Stinson Yd.
Oct , 15
Oct.
lb
Norman Hantala
Oct , 15
Oct. 16
Order fox Work 6;00 am,
4:
00 pm. to 11: 00
in,
Award No. 8032
Docket No.
7785
2-soo-CM-
'79
L:30
to
3:30
Pm.
3
hrs. time & Z/2
11:30 to 12 midnight 1/2 hr, time & l/2
6:00 am. to 3:30 1M.
9
l/2 hrs. time & l/2
total 13 hrs. time & 1/2 (rate).
8
hrsp time & l/2
2 2/3 hrs. time & 1/2 fox call
7
hrsa time & l/2 total 17 2i3 hrs. tire
& Z/2 ( r
ate ) .
2. That aCCO:Cd1n gly the Carrier be ordered to
additionally
compensate
the above mentioned Ce-,rnen and the above specified znaounts of hours
at the time and one-half rate of pay.
The Second Division of the Adjustment Board, upon the whole record and
all the evidence., finds that
The carrier or carriers and the ernploye or employer involved in this
dispute are respectively carrier and erlploye within the meaning of the
Railway Labor Act as approved June 21, 193'+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This dispute arises out of an action by the Carrier when, on October 15,
1975,
a derailment blocked the main line at Chittan:o, Wisconsin. After a
survey of the situation, the Carrier determined it needed the equipment of an
outside contractor -- the situation and lack of
equipment
of its own to
acccgnplish such work prompting such decision. It thus called in an outside
contractor, concurrent i~rith dispatching a contingent of its wreck force
frown its Superior, Wisconsin, facility. A crew of Sectionmen was also
dispatched to the. site to restore the trackage which had been rendered
impassible by the derailment. Work to conrolete rerailment and repair the
tracks covered about 30 hours. Claim is initiated by six members of the
Superior wreck crew who were not called for this assignment.
The Organization contends violation of Rules 28, 94, 97 and 98 which it
claims reserves such work to members of the wreck crew and past practice by
which the Carrier has used its own equipment and wreck crew to perform such
work exclusively; it admits such practice has been altered in "recent years".
Foam l
Page
3
Award No.
8032
Docket No.
7785
2- SOO-CM-179
The Car'r'ier points to its right to determine how a
derailment is to
be handled, the emergency situation of the wreck (i.e. blocking the main
line,
its assessment of a lack of its own equilmnent to handle this particular
situation and its adherence to those Rules directly applicable to wrecks
Rules
97
and
98.
In particular, Role
98
requires that a "sufficient number"
of wrecking crew meznbex's be assigned where -- as here -- the derailment -
occurs outside the yard limits. The Carrier points out that reference to
wrecking work is absent frcxu other cited rules., and that, thus, it is not
necessarily reserved to the caiman craft.
We find no basis to sustain the Organization's claim herein. The Carrier
clearly made jud_Q;n.ent
ox
a need. of outside equa_pznent, the record supports
the claizn that the situation required pxo>7rpt action and, per Rule
98,
a crew
from the wreck forces was on the job to support the outside Contractor and
to perform :its regular duties as WeLI.
k W A R D
Claims are denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONA.h RAILROAD ADJTJS'PJ,,'111T BOARD
By Order of Second Division
~o
r~,rie Bxiasch - Administrative Assistant
Dated a~ Chicago> Illinois., this 8th daycf August
1979.